24Key-money prohibited

24 Key-money prohibited accept key-money in connection with the granting of a retail shop lease. granting of the lease. (3) If a person contravenes this section then, whether or not the person is found guilty of an offence against subsection (1), the tenant is entitled to recover from the landlord as a debt: (a) a payment made by; or (b) the value of any benefit conferred by; the tenant and accepted by or on behalf of the landlord in contravention of this section. (4) This section does not prevent a landlord: (a) requiring payment by the tenant of a reasonable sum for legal or other expenses incurred in connection with the preparation and entering into of the retail shop lease; or (c) securing performance of the tenant's obligations under the retail shop lease by requiring the provision of a bond, security deposit or a guarantee from the tenant or another person (such as a requirement that the directors of a company that is the tenant guarantee performance of the company's obligations under the lease); or

Business Tenancies (Fair Dealings) Act 2003 20 (d) seeking and accepting, from a purchaser of the business, payment for goodwill of a business (but only to the extent that the goodwill is attributable to the conduct of the business by the landlord); or (e) seeking and accepting payment for plant, equipment, fixtures or fittings that are sold by the landlord to the tenant in connection with the granting of the lease; or (f) seeking and accepting payment for the grant of a franchise in connection with the granting of the retail shop lease.